Previously convicted sex offender sentenced to 35 years in prison for federal child pornography crimes

DOJ Press

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Donald Alvin Tolbert was sentenced on July 12 to 35 years in prison. Tolbert, 53, of Albuquerque, pleaded guilty on July 8, 2019, to 12 counts of distribution, receipt, and possession of videos and images containing child pornography.

According to the plea agreement and other court records, between July 17, 2012, and September 20, 2012, Tolbert sent and received numerous images and videos of child pornography by email. Tolbert then transferred several of those pornographic images and videos between his multiple email accounts. Tolbert also stored videos and images of child pornography on his mother’s computers.

At the time Tolbert committed these crimes he had been convicted of sexual offenses previously in New Mexico. In 2006, Tolbert was convicted of two counts of criminal sexual contact of a minor in the third degree, one count of kidnapping, one count of bribery of a witness and one misdemeanor count of battery.


“The U.S. Attorney’s Office will bring the full weight of the law to bear upon those who sexually exploit children,” said U.S. Attorney Uballez. “This case is an example of how federal, state, and local law enforcement cooperate together to keep our children safe. Most importantly, I thank the victims and witnesses who bravely shared their stories during the course of this case; your bravery has made a difference.”

 Upon his release from prison, Tolbert will be subject to 10 years of supervised release and must register as a sex offender.

The Albuquerque office of Homeland Security Investigations (HSI), New Mexico Attorney General’s Office, New Mexico State Probation and Parole, and the New Mexico Regional Computer Forensics Laboratory investigated this case as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force.  U.S. Attorney Uballez and Assistant U.S. Attorney Kristopher N. Houghton prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. The ICAC Task Force Program is a nation-wide network of task forces including over 90 federal, state, local and tribal law enforcement agencies in New Mexico dedicated to investigating, prosecuting and developing effective responses to Internet crimes against children.

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